Cooperation between the UN Peacekeeping Operation and the ICC in the Democratic Republic of the Congo

Abstract

Arguing that the International Criminal Court (ICC) lacks sufficient resources to conduct investigation activities, the author suggests that cooperation between United Nations (UN) peacekeeping operations and the Court is paramount not only in relation to the arrest of indicted individuals — the enforcement pillar of the ICC — but also with respect to the judicial pillar. This pattern of cooperation has been implemented in the Democratic Republic of the Congo and is analysed in this article. The author first discusses the legal framework applicable to cooperation between the ICC and the UN Organization Mission in the Democratic Republic of the Congo (MONUC, renamed MONUSCO), pointing out some contradictions in the Security Council mandate, due to divergent opinions among its members. The author then focuses on the memorandum of understanding signed by the two organizations and analyses its implementation, describing some activities undertaken in this context, although underlining the lack of transparency and the unavailability of precise official information. While reporting positively on some aspects, the author expresses concern on some unresolved outcomes of the first two judgments rendered by the ICC in the Ngudjolo Chui and Lubanga cases. Finally, the author addresses the recent Resolution 2098 of 2013, in which the Security Council finally agreed to explicitly authorize full cooperation between MONUSCO and the ICC. By doing so, it implicitly recognized the success of past activities and paved the way for possible future similar partnerships.